Terms & Conditions

TOE Travel or Else (hereinafter, TOE Travel), a business unit of Conversa Creativa S.C. (RFC: CCR1309245NA), with registered address at Andador Vicente Ramos 56, ISSSTE Housing Unit, C.P. 68040, in Oaxaca de Juárez, Oaxaca, Mexico, designs and coordinates travel experiences.

By contracting any of our services, you enter into an agreement with Conversa Creativa S.C. and accept these Terms and Conditions. We ask that you read them carefully, as they constitute a legally binding agreement and establish the rights and obligations of both parties.

The client agrees that all communications, notifications, contracts, and electronic transactions between the parties have full legal validity in accordance with Articles 1803 and 1834 Bis of the Federal Civil Code, and Articles 89 to 93 of the Commercial Code.

1. Formation of the Contract

A reservation is considered confirmed once TOE Travel has received full payment for the travel services, as indicated in the quotation, and has issued written confirmation. Advance booking is recommended, as spaces and departure dates are limited.

The primary customer (hereinafter, THE CLIENT) agrees that they have the authority to contract on behalf of all persons included in the reservation and assumes responsibility for payments, communications, and documentation for the group. By making a reservation, THE CLIENT declares that all participating persons included in the reservation have been informed of these Terms and Conditions—regardless of the method of final payment—and that all participants expressly accept them.

Electronic confirmation or payment constitutes express acceptance of these Terms and Conditions in accordance with applicable Mexican law.

2. Prices and Payments

Prices are quoted in Mexican pesos (MXN) or U.S. dollars (USD), as indicated in the quotation, and include applicable taxes and charges. TOE Travel reserves the right to modify prices prior to reservation confirmation due to exchange rate fluctuations, supplier costs, and availability.

The initial deposit and payment conditions will be specified in each quotation. Airline tickets and certain special services require full advance payment and may be non-refundable. The remaining balance must be paid by the date indicated in the confirmation, generally 60 days prior to the start date of the trip with TOE Travel.

Any additional costs not included (e.g., tips, local taxes, optional insurance, baggage fees, or special activities) will be communicated in advance.

Prices may change prior to confirmation without prior notice due to currency fluctuations. TOE may cancel reservations if full payment is not received by the deadline.

3. Insurance

All TOE trips include basic traveler insurance. Travelers may review the policy inclusions once the travel deposit has been paid. TOE recommends that each traveler determine whether additional travel insurance is required to cover health, accidents, cancellations, loss of baggage, and emergencies. TOE is not responsible for expenses arising from lack of or insufficient coverage. The traveler acknowledges that TOE does not provide medical or financial insurance advice and that the selection of extended coverage is the traveler’s sole responsibility.

4. Documentation and Travel Requirements

It is the client’s responsibility to carry valid identification, passports, visas, permits for minors, and any other required documentation. TOE may provide general information but is not responsible if any traveler is denied transportation or entry due to failure to meet documentation requirements. Any documentary non-compliance that prevents participation or causes additional costs shall be the sole responsibility of the traveler. TOE cannot assist in resolving immigration or customs incidents.

The client must disclose any medical, mobility, or dietary conditions that may affect the trip, in order to ensure safety and appropriate service arrangements.

5. Information and Changes

Information published on our website and communication materials may change due to supplier updates. Service confirmations shall prevail over any prior materials. TOE may make reasonable itinerary adjustments before or during the trip due to availability, weather conditions, or force majeure circumstances.

6. Modifications, Transfers, and Cancellations by the Client

Modifications: In accordance with each supplier’s modification policies, TOE Travel will attempt to accommodate changes requested after confirmation; such changes may involve additional charges and may not always be possible.

Transfers: Subject to each supplier’s transfer policies, TOE Travel may allow transfers to another person who meets the travel requirements, provided written notice is given at least 10 calendar days prior to departure; administrative and supplier fees may apply. Please note that airlines in particular may not allow transfers or may impose significant additional charges.

Cancellations: Must be notified in writing. Refunds depend on the time prior to departure:

More than 60 days: refund of 80% of the total cost, excluding non-refundable charges per supplier policies.
Between 21 and 59 days: refund of 50%.
Less than 20 days: no refund.

Refunds will be issued within 30 calendar days following the client’s written cancellation. Non-refundable services (e.g., airline tickets, events) are not covered under any circumstances.

7. Cancellations and Modifications by TOE

TOE reserves the right to cancel trips due to extraordinary circumstances, acts of God, or force majeure (e.g., natural disasters, social conflicts, unforeseen closures). In such cases, a full refund, alternative travel options, or travel credit valid for 12 months will be offered. TOE shall not be responsible for additional compensation arising from circumstances beyond its control.

As our trips operate in small groups, each departure requires a minimum number of participants to be confirmed. We will notify you by email no later than 100 calendar days prior to the departure date to confirm whether the trip will take place. If the minimum number of travelers is not reached, you may choose one of the following options:

Full refund of all payments made.
Conversion of the payment into travel credits to select another route or date.
Change of date, transferring your reservation to another available departure.
Conversion of the reservation into a private trip, subject to current rates.

This policy ensures operational viability and transparency in reservation management.

8. Liability

TOE acts as an intermediary between travelers and service providers (hotels, transport companies, airlines, local operators). TOE is not responsible for accidents, losses, delays, strikes, governmental decisions, natural phenomena, or force majeure events.

TOE’s liability is limited to the total amount paid for the services contracted directly with us.

In the case of combined trips (packages including transportation, lodging, and other integrated services), TOE assumes the obligation to ensure full performance in accordance with the General Tourism Law, even when certain services are subcontracted.

9. Activities and Special Conditions

Some experiences involve physical or risk-related activities (e.g., hiking, boating, visits to communities). Travelers participate at their own risk and must assess their physical and health condition. TOE will inform travelers of applicable safety measures and may deny participation to travelers who do not meet minimum safety requirements. Travelers agree to sign a liability waiver prior to the activity when required by providers or the nature of the experience.

10. Intellectual Property

All itineraries, texts, graphic materials, and content generated by TOE are the intellectual property of Conversa Creativa S.C. and may not be reproduced without express authorization.

The use of traveler photographs or testimonials in promotional materials requires express consent, in accordance with the Federal Copyright Law (Article 87 bis) and the right to one’s own image.

11. Personal Data

Personal data is processed in accordance with our Privacy Notice, available at www.toe.travel.

12. Complaints and Claims

The client may submit a complaint or claim directly to TOE Travel or Else via email at hola@toe.travel or at our registered address. TOE will acknowledge receipt within 5 business days and provide a response within a maximum of 15 business days.

If the client is not satisfied with the response, they may contact the Federal Consumer Protection Agency (PROFECO) at 800 468 8722 or at the nearest office. The client may opt for online conciliation procedures through PROFECO or private mediation before resorting to the courts.

13. Jurisdiction and Governing Law

These Terms and Conditions are governed by the laws of Mexico. Any dispute shall be submitted to the competent courts of Oaxaca de Juárez, Oaxaca, Mexico. For international clients, the contract shall be interpreted in accordance with Mexican law, expressly waiving any other jurisdiction or legislation that may apply. Prior to initiating legal proceedings, the parties agree to attempt voluntary mediation before an authorized center in Oaxaca or through electronic means.